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An Apartment Bought Before Marriage and Divorce in Poland

Piotr•September 17, 2026•5 min read
Wedding rings in boxes on a table decorated with flowers

An apartment bought before the wedding belongs to the personal property of whoever bought it, and as a rule doesn't enter the property division at divorce. The rule itself is simple. The exceptions are less so, and those are usually what end up in court.

Short version

An apartment bought before marriage stays the buyer's personal property. The exception: if joint marital money went toward a renovation, a loan repayment, or an extension during the marriage, the other spouse can claim a settlement for those contributions in the property division, even without co-owning the apartment itself.

When a pre-marriage apartment stays entirely yours

Property acquired before the wedding is personal property, no matter how long the marriage lasts afterward. It's the date on the notarial deed, not the wedding date, that decides which estate the property belongs to. The rules on personal and joint marital property are set out in Poland's Family and Guardianship Code.

When your spouse can still claim something

Contributions from joint marital funds toward personal property, for example a renovation, paying off a loan taken out before the wedding, or an extension, are subject to settlement in property division proceedings, even though the apartment itself stays with its owner. That's a separate claim, usually calculated in proportion to the funds contributed.

People signing documents at a table in a bright interior
The date on the notarial deed decides which estate the property belongs to.

What this means in practice when selling

If you want to sell an apartment bought before marriage during or after a divorce, formally you can do it on your own, without your ex-spouse's consent. Settling any contributions from joint marital funds is a separate matter, worth closing in parallel or beforehand, so you avoid claims turning up after the sale.

Honest terms if you decide to sell

  • The price is 70-90% of market value.
  • The valuation is free, ready within 2 days of contact.
  • Closing happens from 4 days after you accept the offer.
  • Closing the sale doesn't depend on any ongoing proceedings to settle contributions.
P
Piotr
Five years in real estate, working across Łódź and the surrounding area. Helps sell personal property independent of any ongoing divorce proceedings.

Disclaimer

This article is for general information only and does not constitute legal or tax advice for your individual situation. The law can change and every case is different. Before making a decision, consult a qualified lawyer, tax advisor, or notary.

If you're selling an apartment bought before marriage and aren't sure how it'll affect settlements with your ex-spouse, call. We'll tell you plainly what's formally needed on your end, and what's a separate matter.

Straight answers

Does an apartment bought before marriage become joint marital property?
No, it remains the personal property of whoever bought it, unless a prenuptial agreement states otherwise.
Can my spouse claim anything from an apartment bought before marriage?
They can claim a settlement for contributions from joint marital funds made to that apartment during the marriage, such as a renovation or paying off a loan.
Do I need to prove the apartment was bought before the wedding?
Yes, ideally with a notarial deed dated before the marriage and, where possible, evidence of where the funds came from.
Does a prenuptial agreement change anything here?
A prenuptial agreement can set different rules than the statutory ones, so it's worth checking its terms before making assumptions about the property division.
Can such an apartment be sold without the other spouse's consent?
Formally yes, since it's personal property, but if there's an ongoing dispute over settling contributions, it's worth closing that in parallel.

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